Item - 2020.EX16.1

Tracking Status

  • City Council adopted this item on September 30, 2020 with amendments.
  • This item was considered by the Executive Committee on September 23, 2020 and adopted without amendment. It will be considered by City Council on September 30, 2020.

EX16.1 - Changes to Policing in Toronto - Update

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on September 30, October 1 and 2, 2020, adopted the following:

 

1. City Council establish a Confronting Anti-Black Racism Council Advisory Committee, in accordance with the Terms of Reference in Attachment 3 to the report (September 9, 2020) from the City Manager, for the term ending November 14, 2022 or until their mandate is completed within the 2018 to 2022 term.

 

2.  City Council direct the City Manager, in consultation with the City Clerk, to research and establish a fair compensation or honourarium program for the Confronting Anti-Black Racism Council Advisory Committee members and other comparable advisory bodies, and to report back with recommendations to establish such a program through the 2021 Budget Process.

 

3.  City Council direct the City Manager, in consultation with the City Solicitor, to report back to the November 25 and 26, 2020 meeting of City Council on:

                   

a. those areas of accountability currently not being overseen by either the Ontario Civilian Police Commission nor the Office of the Independent Police Review Director, in consultation with the Toronto Ombudsman and a coalition of independent NGOs — such as the Canadian Civil Liberties Association, the Black Legal Action Clinic (funded by Legal Aid Ontario), and the Criminal Lawyers Association of Ontario; and

 

 b. information from the City Solicitor disclosing the specific feedback from the Ontario Civilian Police Commission, the Office of the Independent Police Review Director and the Special Investigations Unit on the question of whether all areas of police accountability relevant to Toronto Police Service are being exhausted by those agencies.

 

4.  City Council request the City Manager to report to the Executive Committee in the first quarter of 2021 on the recent decision by the Human Rights Tribunal of Ontario on the Heather McWilliam case, the remedies outlined, and progress in implementation.

Background Information (Committee)

(September 9, 2020) Report from the City Manager on Changes to Policing in Toronto - Update
https://www.toronto.ca/legdocs/mmis/2020/ex/bgrd/backgroundfile-156438.pdf
Attachment 1: Changes to Policing Decisions - Status Update
https://www.toronto.ca/legdocs/mmis/2020/ex/bgrd/backgroundfile-156439.pdf
Attachment 2: Adopted Recommendations of Toronto Police Services Board
https://www.toronto.ca/legdocs/mmis/2020/ex/bgrd/backgroundfile-156440.pdf
Attachment 3: Confronting Anti-Black Racism Council Advisory Body Terms of Reference
https://www.toronto.ca/legdocs/mmis/2020/ex/bgrd/backgroundfile-156441.pdf

Communications (Committee)

(September 21, 2020) E-mail from Albert Venczel (EX.Supp.EX16.1.1)
(September 21, 2020) E-mail from Anastasia Keita (EX.Supp.EX16.1.2)
(September 22, 2020) E-mail from Adrienne Law (EX.Supp.EX16.1.3)
(September 22, 2020) E-mail from Albert Venczel (EX.Supp.EX16.1.4)
(September 22, 2020) E-mail from Amanda VanDewall (EX.New.EX16.1.5)
(September 22, 2020) E-mail from Elizabeth Kelly (EX.New.EX16.1.6)
(September 23, 2020) E-mail from Stephen G. Foote (EX.New.EX16.1.7)

Communications (City Council)

(September 23, 2020) E-mail from Hilary Black (CC.Supp.EX16.1.8)
(September 23, 2020) E-mail from Devon Pelley (CC.Supp.EX16.1.9)
(September 23, 2020) E-mail from William McCulloch (CC.Supp.EX16.1.10)
(September 24, 2020) E-mail from Melodie Ng (CC.Supp.EX16.1.11)
(September 24, 2020) E-mail from Beau Levitt (CC.Supp.EX16.1.12)
(September 25, 2020) E-mail from Leif Vonderlon (CC.Supp.EX16.1.13)

Motions (City Council)

1 - Motion to Amend Item (Additional) moved by Councillor Kristyn Wong-Tam (Amended)

That:

 

1.  City Council direct the City Manager, in consultation with the City Clerk, to research and establish a fair compensation or honourarium program for the Anti-Black Racism Council Advisory Board members and other comparable advisory bodies, and to report back with recommendations to establish such a program through the 2021 Budget Process.

 

2.  City Council direct the City Manager, in consultation with the City Solicitor, to report back to the November 25 and 26, 2020 meeting of City Council on:

                   

a. those areas of accountability currently not being overseen by either the Ontario Civilian Police Commission nor the Office of the Independent Police Review Director, in consultation with the Toronto Ombudsman and a coalition of independent NGOs — such as the Canadian Civil Liberties Association, the Black Legal Action Clinic (funded by Legal Aid Ontario), and the Criminal Lawyers Association of Ontario; and

 

 b. information from the City Solicitor disclosing the specific feedback from the Ontario Civilian Police Commission , the Office of the Independent Police Review Director and the Special Investigations Unit on the question of whether all areas of police accountability relevant to Toronto Police Service are being exhausted by those agencies.

 

3.  City Council direct the City Manager to gather any and all publication of a revised, public version of the City Solicitor’s opinion on the jurisdictional impediments alleged by the City Solicitor, with reference to additional information, and direct the City Manager to report back to the November 25 and 26, 2020 meeting of City Council regarding the jurisdictional scope of:

 

a. Toronto City Council’s jurisdiction over Toronto Police Service Board;

 

b. Toronto Police Service Board’s jurisdiction over Toronto Police Service; and

 

c. the range of legal positions with respect to Toronto Police Service Board’s  ability to hold Toronto Police Service to account beyond the status quo, referencing legal positions that concur, amend and dissent from the City Solicitor’s recommended opinion.

 

Parts 1 and 2 of motion 1 carried.  Part 3 lost.

Vote (Amend Item (Additional)) Oct-01-2020

Result: Carried Majority Required - EX16.1 - Wong-Tam - motion 1 Part 1
Total members that voted Yes: 24 Members that voted Yes are Paul Ainslie, Ana Bail„o, Brad Bradford, Shelley Carroll, Mike Colle, Gary Crawford, Joe Cressy, John Filion, Paula Fletcher, Michael Ford, Mark Grimes, Stephen Holyday, Cynthia Lai, Mike Layton, Josh Matlow, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 1 Members that were absent are Jaye Robinson

Vote (Amend Item (Additional)) Oct-01-2020

Result: Carried Majority Required - EX16.1 - Wong-Tam - motion 1 Part 2
Total members that voted Yes: 24 Members that voted Yes are Paul Ainslie, Ana Bail„o, Brad Bradford, Shelley Carroll, Mike Colle, Gary Crawford, Joe Cressy, John Filion, Paula Fletcher, Michael Ford, Mark Grimes, Stephen Holyday, Cynthia Lai, Mike Layton, Josh Matlow, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 1 Members that were absent are Jaye Robinson

Vote (Amend Item (Additional)) Oct-01-2020

Result: Lost Majority Required - EX16.1 - Wong-Tam - motion 1 Part 3
Total members that voted Yes: 9 Members that voted Yes are Paul Ainslie, Brad Bradford, Joe Cressy, John Filion, Paula Fletcher, Mike Layton, Josh Matlow, Gord Perks, Kristyn Wong-Tam
Total members that voted No: 15 Members that voted No are Ana Bail„o, Shelley Carroll, Mike Colle, Gary Crawford, Michael Ford, Mark Grimes, Stephen Holyday, Cynthia Lai, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Anthony Perruzza, Michael Thompson, John Tory
Total members that were Absent: 1 Members that were absent are Jaye Robinson

2 - Motion to Amend Item (Additional) moved by Councillor Paula Fletcher (Carried)

That City Council request the City Manager to report to the Executive Committee in the first quarter of 2021 on the recent decision by the Human Rights Tribunal of Ontario on the Heather McWilliam case, the remedies outlined, and progress in implementation.


Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Oct-01-2020

Result: Carried Majority Required - Item EX16.1 - adopt the Item as amended
Total members that voted Yes: 24 Members that voted Yes are Paul Ainslie, Ana Bail„o, Brad Bradford, Shelley Carroll, Mike Colle, Gary Crawford, Joe Cressy, John Filion, Paula Fletcher, Michael Ford, Mark Grimes, Stephen Holyday, Cynthia Lai, Mike Layton, Josh Matlow, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 1 Members that were absent are Jaye Robinson

EX16.1 - Changes to Policing in Toronto - Update

Decision Type:
ACTION
Status:
Adopted
Wards:
All

Committee Recommendations

The Executive Committee recommends that:

 

1. City Council establish a Confronting Anti-Black Racism Council Advisory Body, in accordance with the Terms of Reference in Attachment 3 to the report (September 9, 2020) from the City Manager, for the term ending November 14, 2022 or until their mandate is completed within the 2018 to 2022 term.

Origin

(September 9, 2020) Report from the City Manager

Summary

Systemic discrimination in our city deeply impacts the life chances and opportunities of Indigenous, Black, and racialized communities, and leads to disparities in health, social, economic and political outcomes. 

 

For many decades, Indigenous, Black and racialized communities have spoken out about their deep mistrust of public institutions – including our police services. Various reports have underscored this mistrust with evidence of systemic discrimination; disproportionate use of force including deadly force, invasive searches, and greater surveillance and street checks.

 

Changes are needed to restore community trust, police accountability and equitable effectiveness to policing and the justice system.

 

At its June 2020 meeting, City Council adopted 36 decisions (CC22.2) related to policing reforms. These decisions covered areas touching on policing, public safety and crisis response. At its meeting on August 18, 2020, the Toronto Police Services Board also adopted 81 decisions on policing reforms, including reforms requested by City Council.

 

Since the adoption of City Council's decisions in CC22.2, there have been actions by the Toronto Police Services Board and the City to advance policing reforms and engage the public. The following are a few of those actions: 

 

- The Toronto Police Services Board held four full-day town hall meetings on July 9, 10, 15 and 16, 2020. These forums were created in response to the thousands of messages that the Board received in the aftermath of the killing of George Floyd and the death of Regis Korchinski-Paquet, and related protests in Toronto and around the world. The public was invited to give deputations and over 250 spoke or submitted written or recorded submissions to the Board.


- The Mayor, on behalf of City Council, requested the province to immediately implement the reforms recommended by Justice Tulloch, to allow City Council to have direct oversight over the Police Services Budget, and to make police conduct and accountability changes.


- The City Manager, as directed by City Council, requested the Province to amend legislation to expand the City of Toronto's Auditor General's jurisdiction to include auditing the Toronto Police Service.

 

- Toronto Police Service posted on its website, its use of force policy, a line-by-line breakdown of the Toronto Police Service's 2020 Budget as well as 5 years of budget summaries.


- To advance City Council decisions on engaging community to support the creation of alternative community response models, staff have established an alternative community safety response accountability table with a first meeting scheduled for early October.


- As per Council's request, staff have drafted Terms of Reference for the implementation of a Confronting Anti-Black Racism Council Advisory Body to assist in further advancing City Council‘s commitment to addressing anti-Black racism in Toronto.


- A dedicated team of City staff, with engagement from community experts, are developing alternative community response models, recommendations for community investments in critical community and social services that better address the root causes of safety and security, and advancing the tracking and reporting of actions taken on City Council's decisions in CC22.2. 
 

This report provides:

 

-An update on the status of City Council's directions on policing reforms from its June 2020 meeting;

 

- Proposed Terms of Reference for establishing a Confronting Anti-Black Racism Council Advisory Body; and


- Next steps including community engagement plans.

Background Information

(September 9, 2020) Report from the City Manager on Changes to Policing in Toronto - Update
https://www.toronto.ca/legdocs/mmis/2020/ex/bgrd/backgroundfile-156438.pdf
Attachment 1: Changes to Policing Decisions - Status Update
https://www.toronto.ca/legdocs/mmis/2020/ex/bgrd/backgroundfile-156439.pdf
Attachment 2: Adopted Recommendations of Toronto Police Services Board
https://www.toronto.ca/legdocs/mmis/2020/ex/bgrd/backgroundfile-156440.pdf
Attachment 3: Confronting Anti-Black Racism Council Advisory Body Terms of Reference
https://www.toronto.ca/legdocs/mmis/2020/ex/bgrd/backgroundfile-156441.pdf

Communications

(September 21, 2020) E-mail from Albert Venczel (EX.Supp.EX16.1.1)
(September 21, 2020) E-mail from Anastasia Keita (EX.Supp.EX16.1.2)
(September 22, 2020) E-mail from Adrienne Law (EX.Supp.EX16.1.3)
(September 22, 2020) E-mail from Albert Venczel (EX.Supp.EX16.1.4)
(September 22, 2020) E-mail from Amanda VanDewall (EX.New.EX16.1.5)
(September 22, 2020) E-mail from Elizabeth Kelly (EX.New.EX16.1.6)
(September 23, 2020) E-mail from Stephen G. Foote (EX.New.EX16.1.7)

Speakers

Albert Venczel (Submission Filed)
Councillor Shelley Carroll

Motions

Motion to Adopt Item moved by Mayor John Tory (Carried)
Source: Toronto City Clerk at www.toronto.ca/council